ZULFIKAR ABBASI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Anil Kumar Singh, Sri Dharmendra Singh, Sri Rahul Shrivastva and Sri Sikandar Khan, learned counsel for the appellants, learned AGA for State, Sri Ganesh Shanker Srivastava and Sri Saurabh Gaur, learned counsel for the informant and perused the material available on record.

(2.) Reference No. 5 of 2021 has been made by the court of Additional Sessions Judge (Rape Case) POCSO Act, Court No. 2, Bulandshahr for confirmation of capital punishment awarded to appellants Zulfikar Abbasi, Israil @ Malani and Dilshad Abbasee in Special Case No. 1844 of 2018 (State Vs. Zullfikarl and others). The jail appeals being Capital Case No. 6 of 2021, 8 of 2021 and 10 of 2021 have been filed by the appellants challenging the judgment of conviction dtd. 24/3/2021 (as corrected on 26/3/2021), holding them guilty of offence, arising out of Case Crime No. 04/2018, Police Station - Kotwali Nagar, District -Bulandshahr under Sec. 364, 376D, 302/34, 201, 404 IPC & Sec. 5G/6 POCSO Act. The trial court has awarded death sentence to the appellants with fine of Rs.01.00 lakh each, In case of non-payment of the fine further undergo two years additional rigorous imprisonment. They were also awarded life imprisonment under Sec. 376-D of IPC and Sec. 5G/6 of POCSO Act with fine of Rs.50,000.00 each and in case of default of payment of fine further undergo one year additional imprisonment, and further under Sec. 364 IPC were awarded 10 years imprisonment with fine of Rs.25,000.00 and in default of payment of fine, 6 months further imprisonment, under Sec. 201 IPC, 7 years imprisonment with fine of Rs.25,000.00 and in default of payment of fine to undergo six months further imprisonment, under Sec. 404 IPC, 3 years imprisonment with fine of Rs.10,000.00. In default of payment of fine to go further three months imprisonment and it was observed that all the sentences will run concurrently.

(3.) Brief facts of the case are that the informant Babita Sharma, gave a complaint to the police as Ex-Ka-1 which reads as under:-